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Pittsburgh one step closer to 'conversion therapy' ban, but not without some political fireworks first

Updated on December 7, 2016 at 6:24 PMPosted on December 7, 2016 at 1:38 PM

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Pittsburgh's City Council on Wednesday approved a ban on "conversion therapy" or "ex-gay therapy" for minors in the city, but not without moments of infighting that hinted at the broader political fissures behind the ban's conception.

Pittsburgh's City Council on Wednesday approved the first reading of a proposed ban on "conversion therapy" or "ex-gay therapy" for minors in the city, but not without moments of infighting that hinted at the broader political turmoil behind the ban's inception.

The bill behind the ban, first introduced by Councilman Dan Gilman and Council President Bruce Kraus in late November, applies to conversion therapy for LGBTQIA+ youth in the city. The acronym refers to Lesbian, Gay, Bisexual, Transgender, Queer, Intersex and Asexual peoples, while the plus sign refers to other sexualities, sexes and genders not included in that list.

On Wednesday, Kraus restated the intent behind the bill, explaining that as a gay man he was opposed to what he called "a form of soul murder," and concerned about the future of LGBTQ rights under the upcoming presidential administration. This as a handful of municipalities across the country have announced plans to resist aspects, both real and imagined, of the Donald Trump-Mike Pence agenda.

"Why [introduce this bill] at this time?" Kraus asked rhetorically on Wednesday. "I think it's obvious. If anyone's following the national news, there's clearly been a change in administrations, and there is a history that our vice president-elect does bring to this conversation, and that history is one of his public support for this barbaric practice of conversion therapy and also his support for funding conversion therapy by redirecting desperately needed funds earmarked for the care of indigent HIV patients."

A Pence spokesperson has denied he supported conversion therapy and said his support for using federal dollars to fund therapy for people looking to "change their sexual behavior" was misinterpreted as support for the controversial and widely discredited practice.

It was against this backdrop, and in the wake of Election Day, that Pittsburgh's conversion therapy ban was first proposed. It also followed mounting pressure from LGBT activists and constituents concerned about the election results.

That friction spilled over into Wednesday's council meeting, too, with Kraus and Councilwoman Darlene Harris facing-off over aspects of his proposal, Harris' desire to vet it further and whether or not her personal politics played a role in that decision.

"I will not sit by quietly while she uses this to obstruct this bill, and I will call this vote today," Kraus said after Harris asked for more time to gather input from a city legal adviser.

"She has all of 10 feet to walk across the hall and talk to me. This has been out for 10 days," Kraus added of the bill, saying he'd already cleared the proposal with legal.

Then things took a turn toward the personal -- and political.

Kraus said it was "no secret" that Harris was a fan of Trump, while Harris said Kraus would have no idea how she voted on Nov. 8.

"You're not gonna sit there and talk Trump," she said. "You're the one that voted for Trump. ... He [Kraus] is the worst president this city council has ever seen. He puts this crap out there just to put it out there. Everyone knows how he is anyhow. He can't even get elected."

After appeals for calm, the tone of the meeting cooled, while Harris went on to question whether the ban was enforceable, needed or even well-advised.

"It has been tragic," Harris admitted of conversion therapy's impact.

"It is something that people have been damaged for and have committed suicide over. But my concern is that we are not overstepping our bounds as local government in that we can hold this ban in place and it will be effective."

In the end, council voted 8-to-0 in favor of the ban, with Harris abstaining pending her conference with a legal adviser.

The legislation will be put to a final council vote on Tuesday. It was approved Wednesday on first reading. If approved next week, it would mark Pennsylvania's first conversion therapy ban.

Prior to Wednesday's vote, Councilwoman Natalia Rudiak said she hopes Pittsburgh's adoption of the ban might inspire other municipalities to follow suit.

"I can only hope other cities and boroughs across the state do this and that the Senate hears us," Rudiak said.

"Because we really do need statewide protection from this."

According to the Equality Federation, there are 5 states (California, Illinois, New Jersey, Oregon, Vermont) plus the District of Columbia with laws that prohibit state-licensed mental health professionals from engaging in efforts to change the sexual orientation or gender identity of persons under the age of 18. Additionally, the cities of Cincinnati and Seattle have banned conversion therapy, along with 6 cities in South Florida (Bay Harbor Islands, Miami, Miami Beach, North Bay Village, West Palm Beach and Wilton Manors).

More recently, New York state Governor Andrew Cuomo banned the practice for minors through executive action there, while an upstate New York lawmaker recently introduced a total ban dubbed the Prevention of Emotional Neglect and Childhood Endangerment Act -- or PENCE for short.

Under Pittsburgh's proposed ban, meanwhile, violators would face a $300 fine for each offense and up to 30 days in prison for failure to pay.

Seattle's ban, by comparison, provides for a fine of $500 for the first offense and $1,000 for any violation after that, as well as misdemeanor charges for advertising conversion therapy there.

UPDATE: This post has been updated with information about the proposed penalties under Pittsburgh's proposed conversion therapy ban.